OptiGen, LLC v. Texas A&M University System et al

Filing 30

ORDER granting the # 19 Motion to Consolidate Cases. It is Ordered that Case 5:09-cv-457 and 5:09-cv-6 are consolidated for all purposes and will remain assigned to District Judge Suddaby and Magistrate Judge DiBianco with Case 5:09-cv-6 designated as the LEAD CASE. Further Ordered that all future papers are to be docketed in Lead Case 5:09-cv-6. No further docketing shall be done in this case. Signed by Magistrate Judge Gustave J. DiBianco on 6/18/2009. (mae)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK OPTIGEN, LLC, Plaintiff -vINTERNATIONAL GENETICS, INC, et al., Defendants. OPTIGEN, LLC, Plaintiff -vTEXAS A & M UNIVERSITY SYSTEM, et al., Defendants. GUSTAVE J. DI BIANCO, United States Magistrate Judge CONSOLIDATION ORDER

5:09-CV-6 (GTS/GJD) (LEAD CASE)

5:09-CV-457 (GTS/GJD) (MEMBER CASE)

The plaintiff, OptiGen, LLC ("OptiGen") has sought consolidation of the two above actions.1 Counsel for OptiGen and counsel for all defendants appeared by telephone conference with the Court on June 10, 2009, and there was no objection to the consolidation. Upon review of the motions to consolidate and the information obtained during the telephone conference, it has been determined that the above actions are related. The General Orders of the Northern District of New York provide for reassignment of related cases. N.D.N.Y. General Order 12(G)(1). The court may also consolidate

A motion to consolidate was filed in both of the above-captioned cases. (Dkt. No. 33)(in 5:09-CV-6) and (Dkt. No. 19)(in 5:09-CV-457). The proposed orders were also submitted as letter-motions in each case. (Dkt. No. 35)(in 5:09-CV-6) and (Dkt. No. 23)(in 5:09-CV-457).

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cases sua sponte pursuant to Fed. R. Civ. P. 42(a). See Devlin v. Transportation Communs. Int'l Union, 175 F.3d 121, 130 (2d Cir. 1999). WHEREFORE, it is hereby ORDERED, that plaintiff's motions to consolidate (Dkt. No. 33- in 5:09-CV-6) and (Dkt. No. 19- in 5:09-CV-457) are GRANTED, and it is ORDERED, that the above actions are consolidated for all purposes and will remain assigned to the Honorable Glenn T. Suddaby, United States District Judge and the Honorable Gustave J. Di Bianco, United States Magistrate Judge with the LEAD CASE being OptiGen, LLC. v. International Genetics, Inc., et al., 5:09-CV-6, and it is ORDERED, that any future papers in the above cases must be filed under the LEAD CASE: 5:09-CV-6, and it is ORDERED, that the Clerk of the Court shall file a copy of this Order in each of the above cases. Dated: June 18, 2009

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